FEDERAL CRIMINAL LAWYERS

Essex County Criminal Defense Lawyer: What Happens After You’re Arrested in Newark, East Orange, or Irvington

You got arrested in Essex County – Newark police, East Orange, Irvington, Bloomfield. You’re facing criminal charges: 3rd degree aggravated assault, 4th degree theft, drug possession. You’ve never been arrested before and you’re panicking. Here’s what actually happens to you in the next 48 hours, the three choices you have after arraignment, and why Pretrial Intervention (PTI) is your best shot at getting this dismissed – but only if you apply within 30-60 days.

Thanks for visiting Spodek Law Group, a second-generation law firm managed by Todd Spodek where we’ve represented clients facing criminal charges in Essex County for over 40 years, and if you’re reaching out to us we understand the stakes you’re facing. This article walks you through YOUR specific situation – what happens in the first 48 hours, the difference between 3rd degree and 4th degree charges, your three options after arraignment, and how PTI can get your charges dismissed if you act quickly.

What Happens After Arrest – Your Options

You’re at Newark Police Department, East Orange precinct, or another Essex County facility right now, here’s the sequence with booking first (fingerprinting, photographing, property removal), then transfer to Central Judicial Processing at Essex County Correctional Facility in Newark, bail hearing occurs within 48 hours under New Jersey Court Rule 3:4-2 where New Jersey doesn’t use cash bail anymore so you get a risk assessment that determines release with conditions or detention pending trial, if you’re low risk you’re released with conditions like no contact with alleged victim, weekly check-ins, GPS monitoring if required, if released you get notice to appear with arraignment date (typically 7-14 days from arrest), use those 7-14 days wisely because once you’re at arraignment options narrow dramatically and if you miss the PTI deadline (30-60 days) you’re facing pleading guilty or trial. New Jersey doesn’t use “felony” – we call them indictable offenses where the difference between 3rd degree and 4th degree determines whether there’s a PRESUMPTION you go to prison or PRESUMPTION you don’t, here’s the breakdown under New Jersey Criminal Code with 3rd Degree being 3-5 years state prison, $15,000 fine, PRESUMPTION of incarceration under N.J.S.A. 2C:44-1(f) for common charges like aggravated assault, possession of CDS, theft $500-$75,000, burglary, don’t assume probation because the law presumes you GO to prison unless you get PTI, and 4th Degree is up to 18 months, $10,000 fine, PRESUMPTION of non-incarceration for common charges like stalking, false reports, theft under $500, the critical difference being if you’re charged with 3rd degree there’s a presumption you go to state prison unless you qualify for PTI which is why the 30-60 day PTI deadline is critical. You’re past arraignment where the prosecutor offered a “standard plea” saying “Plead guilty today, we’ll recommend probation” but it’s almost always wrong for first-time offenders where Choice 1: Plead Guilty Immediately is almost always wrong because you’re waiving PTI forever and accepting permanent felony conviction that disqualifies you from 75% of jobs with 6-month mandatory license suspension for drug convictions, loss of federal student aid, immigration consequences (deportation for non-citizens), when is pleading guilty right never for first-time offenders with clean records because PTI exists for you, and Choice 2: Apply for Pretrial Intervention (PTI) is usually correct being a diversion program with 12-36 months supervision then dismissal meaning no conviction, no prison, no felony record, eligibility requires clean record, never used PTI, prosecutor approval (granted for non-violent offenses), critical deadline being 30-60 days from arraignment where missing that window means PTI off the table forever, real scenario shows you arrested with 3rd degree theft where attorney submits PTI application within 30 days, prosecutor approves, you complete 18 months with monthly check-ins, community service, restitution, month 18 judge dismisses all charges with no conviction, while Choice 3: Fight at Trial is only right if you have viable defense like illegal search (4th Amendment), mistaken identity, false accusation where if police searched without probable cause evidence gets suppressed but if evidence is solid trial is risky taking 6-12 months, expensive, if you lose equals sentencing with no PTI option, when to fight being clear constitutional violation, when not to fight being evidence is solid and you’re PTI-eligible.

PTI – Your Best Shot at Dismissal

You’re a first-time offender facing 3rd or 4th degree charges wanting to avoid prison and avoid permanent felony conviction where PTI is your path to dismissal but strict deadlines mean most people miss their window.

PTI Eligibility has four requirements: (1) clean record (no prior convictions), (2) never used PTI before, (3) prosecutor approval (Essex County usually grants for non-violent offenses: theft, drug possession, certain assaults), (4) not charged with 1st/2nd degree crimes or DWI, if you meet all four you’re eligible but must apply within 30-60 days of arraignment.

PTI Process goes Days 1-30 with attorney submitting PTI application to Essex County Prosecutor’s Office, Days 30-60 prosecutor reviews and approves or denies (approval rate ~70% for eligible first-time offenders), if approved you enter PTI (typically 12-36 months) with requirements being monthly check-ins, random drug testing (fail once = terminated), complete counseling, community service, full restitution, Month 12-36 completion hearing where if you’ve complied judge dismisses all charges with no conviction.

Violations = Immediate Termination means arrested again gets you terminated, positive drug test terminated, miss appointment warning first time then terminated second time, if terminated case proceeds to trial with PTI gone forever and zero tolerance.

PTI vs. Pleading Guilty shows PTI as 18 months supervision → dismissal → no conviction while guilty plea equals 3-5 years prison OR probation → permanent felony conviction → $15,000 fine → 6-month license suspension → employment disqualification → immigration consequences.

The Hidden Penalties

Collateral Consequences are permanent.

You’re focused on avoiding prison but hidden penalties shock people after they’ve pleaded guilty and by then it’s too late with the 6-month mandatory license suspension applying to every drug conviction under N.J.S.A. 2C:35-16 even if drugs found at home (not in car) with no hardship license where real scenario shows you’re a delivery driver pleading guilty to 4th degree possession thinking you’ll get probation but judge suspends license 6 months as required making you lose your job within two weeks, employment consequences show 92% of employers run background checks where 75% automatically disqualify felony convictions and licensed professions see state boards revoke licenses based on criminal convictions, federal student aid loss hits drug convictions with immediate loss of FAFSA eligibility where you can’t resume until you complete qualified rehab program and pass two drug tests, immigration consequences hit non-citizens (even green card holders) where aggravated felonies trigger deportation with 3rd degree theft, assault, drug distribution being aggravated felonies under Immigration and Nationality Act meaning you plead guilty thinking you’ll get probation then ICE detains you at sentencing and initiates removal proceedings.

Todd Spodek has represented hundreds of clients facing criminal charges in Essex County. We know the Essex County Prosecutor’s Office, we know which judges grant PTI, we know how to position your case for dismissal. PTI deadlines are strict – 30-60 days from arraignment. We’re available 24/7 at 212-300-5196.